SACHINDRANATH CHATTERJEE Vs. STATE OF MADRAS

JUDGEMENT

(1.) THIS is an application for excusing delay in depositing the initial charges for printing records in S. C. S. L. P. Crl. Nos. 557 to 500 of 1957against Crl. R. C. No. 59 of 1937 and in which leave has been granted by the Supremo Court.

(2.) UNDER Rule 17 of Order XXI of the Supreme Court Rules it is provided that the preceding orders of the Rules of the Supreme Court with reference to civil appeals with the necessary, modifications and adaptations are to apply to criminal appeals also. Order XII Rule 3 of the Supreme Court Rules provides that when an appellant having obtained a certificate fails to furnish the security or make the deposit as required under Order XLV Rule 7 (1) of the Civil Procedure Code the High Court may cancel the certificate or make such further or other order us the justice of the case may require. The time contemplated under Order XLV Rule 7 (1) C. P. C. within which the deposit is required to be made under Rule 7 (1) (b) is 90 days or such further period not cxeceeding sixty days as the court may upon cause shown allow from the date of the decree complained of or within six weeks from the date of the grant of the certificate, whichever is the later date. The provision for time limit for making the printing deposit is mandatory and if the period is sought to be extended it should he an a petition for the purpose which has to be ordered by the court.

(3.) IN this case leave was granted on 13-1-1958 and the printing deposit has not been made within 150 days contemplated in the rules referred to above. Therefore the point which arises for consideration is whether this court has got power to extend the period if sufficient cause is shown.